TERMS OF SERVICE
CLIENT SERVICE AGREEMENT FOR WEBSITE CREATION
1.1. Ownership of the website and all assets and content contained therein transfer to the client once payment has been made for the website development in full.
1.2. FlashStone Media shall not be held liable for any non-original, unlicensed or inappropriate content posted by the client.
2.1. Once the quotation has been accepted by the client and the website specification has been drawn up and approved, the client will be invoiced for 40% of the total amount.
2.2. On handover of first draft of the website, the client will be invoiced a further 30% of the total amount.
2.3. The final payment of 30% will be due on completion of the website as per the client’s requirements, and the website is live.
2.4. Should the final payment not be received within 10 working days of final invoicing, FlashStone Media reserves the right to remove the website from public view.
3.1. FlashStone Media will never distribute a customer’s name, contact details or other personal information to any third parties.
3.2. FlashStone Media does not retain or record customer passwords for website access.
4.1. Should FlashStone Media terminate this agreement during the Build process, the first 40% deposit shall be refunded.
4.2. Should the project not continue as a result of circumstances on the side of the client, a portion of the deposit may be reimbursed, dependent on the work completed such as: pre-production, account setup, hosting and domain setup, installation of platform and builder, consultations and project research.
4.3. On termination the site reverts back to the client and will be handed over as is.
4.4. The theme licence does not transfer and the new web developer will need to either purchase their own licence or use a different design theme or platform.
5. ACCEPTABLE USE AND CONTENT
5.1. The client is responsible for the style and nature of hosted content including obtaining legal permission for any works they include and ensuring that the contents of these pages do not violate any law, local or international.
5.2. FlashStone Media reserves the right to deny or remove content that FlashStone Media, in its sole discretion, determines to be unlawful, indecent or objectionable, including but not limited to hate speech, incitement to violence, illegal activities, harm to minors, threats, harassment, fraudulent activity, forgery or impersonation, unsolicited commercial email, copyright or trademark infringement, harmful code and distribution of viruses.
HOSTING & DOMAIN MANAGEMENT
1. HOSTING RELIABILITY
FlashStone Media has selected a reputable hosting company where our servers reside. However, the client acknowledges that the hosting service is of such a nature that the service can be interrupted from time to time for many reasons beyond the control of FlashStone Media. Therefore the client agrees that FlashStone Media cannot be held liable for any damages arising from interruption of their web service.
2. HOSTING SERVER
2.1. The client’s site will be hosted on FlashStone Media’s dedicated server with our hosting provider.
2.2. Server resources are set so that the website runs at optimum capacity, and can be ramped up should traffic increase or additional functionality requires that.
2.3. Proportional disk space and bandwidth is allocated as per available server resources. FlashStone Media will use reasonable discretion to determine when a particular website has exceeded its quota of bandwidth and/or disk space. Should a FlashStone Media client require large amounts of disk space and/or bandwidth, FlashStone Media reserves the right to levy an additional charge. FlashStone Media will notify the client in advance should such a charge become necessary.
2.4. Should a proportional server allocation prove to be insufficient over time, FlashStone Media will recommend moving the client’s website to a seperate dedicated managed server. Additional costs apply for sole occupancy of a dedicated server.
3. HOSTING COSTS
3.1. Shared Hosting costs are included in the Support and Management service (see below)
3.2. Should the client elect to use a different content management company, a monthly hosting fee will be charged by FlashStone Media.
3.3. At this time, the hosting-only cost is R180 per month, including the annual domain renewal of a .co.za domain.
4.1. Up to 30 email mailboxes and unlimited aliases are available at your domain.
4.2 More email accounts are availalbe for higher packages or services or can be allocated dependent on the needs of the client.
4.3. FlashStone Media does not retain or record email passwords, but we can reset passwords should they be lost.
5. DOMAIN MANAGEMENT
5.1. Your domain will be renewed annually.
5.2. Annual domain renewal cost for a .co.za is included in the Support and Management service (see below).
5.3. A .com or other top-level domain will be billed according to the USD price at the time, and converted to ZAR, plus a 5% handling fee.
6.1. FlashStone Media provides technical support, limited to FlashStone Media’s area of expertise. This includes web pages, hosting, email hosting, email account settings, web trends and best practice. FlashStone Media may also advise on social media, mass mailings and blogs.
6.2. FlashStone Media support does NOT include clients’ internet connectivity, desktop support, email software support, email account setup, lost data, and general computing queries.
7.1. Data and files stored on the hosting servers is backed up daily. However, this is not a guaranteed service. It is recommended that client keeps independent copies of all information, images, etc.
7.2. FlashStone Media accepts no responsibility for any loss of data however incurred.
8. CANCELLATION OF SERVICE
8.1. Notification of cancellation of the hosting and domain management service is to be sent to email@example.com with a required notice period of thirty (30) days.
8.2. On the date of termination all data including web pages and email will be deleted from the server. Personal client data is also deleted.
8.3. It is the client’s responsibility to ensure that all data is transferred to the new host before the termination date.
WEBSITE SUPPORT AND MANAGEMENT SERVICE
1. SUPPORT SERVICES
1.1. FlashStone Media Support includes content updates for website pages and products as per the package selected in the quote above. Please mark your selected support package with an X in the appropriate box. Note that website support is managed by our division, SuperSupport.
1.2. All content update requests should be emailed to firstname.lastname@example.org.
1.3. Normal support requests will be actioned within 5 working days. For expedited requests, please add “IMPORTANT” or “URGENT” to the subject line. Important requests will be actioned within 2 days and “Urgent” requests will be actioned on the same day during normal business hours: 09:00 – 17:00. Note that “Urgent” requests only apply to emergency situations and should not be abused – Urgent request attract a higher hourly rate and allocated hours per client may be depleted sooner and a charge be levied should allocated hours be exceeded. We will information clients should the risk of exceeding hours approach.
1.4. Detailed timesheets are provided and we keep the client updated with time spent. Additional content updates over and above the agreed hours are billed at R650 per hour or part thereof.
1.5. Should a content update be required for a specific date, the client should stipulate the deadline and supply content 5 days prior to the deadline.
2.1. Content updates exclude wholesale design or structure changes to the client’s website.
2.2. FlashStone Media Support does not include clients’ internet connectivity, desktop support, email software support, email account setup, lost data, and general computing queries.
3.1. FlashStone Media shall not be held liable for any non-original, unlicensed or inappropriate content posted by the client.
3.2. Clients specifically agree to indemnify and hold harmless FlashStone Media, its officers, employees, ISPs, subcontractors, partners, agents, and affiliates or other partners, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content supplied by the client, made available or transmitted through the FlashStone Media service.
4. CANCELLATION OF SERVICE
4.1. Notification of cancellation of the support and management service is to be sent to email@example.com with a required notice period of thirty (30) days.
4.2. On termination of the support and management service, the WordPress site will be handed over to the client. Note that theme and plugin software licenses will not be transferred. The new web developer or content manager should install their own license keys.
4.3. On the date of termination all data pertaining to website access and user information accrued by FlashStone Media will be deleted from our business database. Personal client data is also deleted unless the hosting service continues.